2014-2015

1. 2014-2015 Video Streaming Training Sessions for Career and Technical Education (CTE) Administrators Training Session #5 Health and Safety: Department of Labor and Industry Regulations George R. Willcox Virginia Department of Education August 21, 2014

2. 2014-2015 Video Streaming Training Sessions for Career and Technical Education (CTE) Administrators • Protecting Young Student Workers in the Commonwealth Agenda Virginia Child Labor Laws

3. Department History • Created by the Virginia General Assembly in 1898 as the Bureau of Labor and Industrial Statistics • Received agency status and became the Virginia Department of Labor and Industry in 1927 • The primary authority is the Code of Virginia § 40.1:“Labor Laws of Virginia”

4. Department Services • Provides services to citizens, employers and employees to produce safe, healthy and productive working environments • Central headquarters in Richmond • Regional offices located in Abingdon, Manassas, Lynchburg, Norfolk, Richmond, Roanoke, and Verona

5. The Child Labor Laws • Code of Virginia • § 40.1-78 to § 40.1-116 • Virginia Administrative Code • 16 VAC 15-30-10 to 16 VAC 15-50-50

6. Hazardous OccupationsProhibited to All Minors Under 18Code of Virginia § 40.1-100 A • Manufacturing or storing explosives • Logging and Sawmilling • Power-Driven Woodworking Machines • Exposure to Radioactive Substances or Ionizing Radiation • Power-Driven Hoisting Apparatus • Power-Driven Metal Forming Machines

7. Hazardous OccupationsProhibited to All Minors Under 18Code of Virginia § 40.1-100 A Mining Slaughtering, Meat-Packing Power-Driven Bakery Machines Power-Driven Paper Product Machines Manufacturing Brick, Tile, or Kindred Products Power-Driven Saws Wrecking, Demolition, Shipbreaking

8. Hazardous OccupationsProhibited to All Minors Under 18Code of Virginia § 40.1-100 A Roofing Excavation Fire Fighting Serving Alcoholic Beverages Manufacturing Paints, Colors, or White Lead Preparing and Using Dangerous, Poisonous Chemicals

9. Sexually Explicit MaterialProhibited to All Minors Under 18Code of Virginia § 40.1-100.2 They are not allowed to perform or be involved in anything sexually explicit

10. Driving at WorkCode of Virginia § 40.1-100 A • Driving is prohibited for minors 16 and younger • There are strict limits on when a 17-year-old may drive

11. Restricted Duties for Minors Under 16Code of Virginia § 40.1-100 B • Mechanical Establishments • Commercial Canneries • Automatic Passenger or Freight Elevators • Dance Studio: Dance Club • Providing Care for Patients • Laboratory Helper, Therapist, Orderly, or Nurse’s Aide • Veterinary Hospital • Undertaking or Funeral Home • Curb Service at a Restaurant • Hotel or Motel Room Service

12. Restricted Duties for Minors Under 16Code of Virginia § 40.1-100 B • Brick, Coal, or Lumber Yards • Ice Plants • Ushers in Theaters • Scaffolding Work or Construction • Outdoor Theaters, Carnivals, Fairs Floor Shows, Pool Halls, Clubs, or Roadhouses • Lifeguarding at the Beach • Soliciting • Manufacturing • Transportation • Warehousing and Storage • Communications and Public Utilities

13. Restricted Duties for Minors Under 16Code of Virginia § 40.1-100 B • Boiler or Engine Rooms • Maintenance or Repair • Outside Window Washing with Ladders, Scaffolds, or a Substitute • Cooking and Baking • In Freezer and Meat Coolers • Loading and Unloading Goods • Pits, Racks, or Lifting Apparatus • Inflating Tires Mounted on Rim with a Removable Retaining Ring • Power-Driven Mowers and Cutters

14. Written Work-Training AgreementCode of Virginia § § 40.1-88 and 89 If a written work-training agreement is in place, then • 16- or 17-year-olds may be employed in an exempt Hazardous Occupation • 14- or 15-year-olds may be employed in a Restricted Occupation

15. Written Work-Training Agreement (Continued)Code of Virginia § § 40.1-88 and 89 The written work-training agreement must • Set forth the name of the child employed • Be signed by the employer and the coordinator of schools having jurisdiction • Certify the student learner is enrolled in a course of study and training in a Career and Technical Education program

16. Written Work-Training Agreement (Continued)Code of Virginia § § 40.1-88 and 89 • State the work declared hazardous will be incidental to the training • Hazardous work will be intermittent and for short periods of time under direct, close supervision of a competent and experienced person

17. Written Work-Training Agreement (Continued)Code of Virginia § § 40.1-88 and 89 The agreement must include: • Safety instruction given by the school and correlated with on-the-job training given by the employer • a schedule of organized and progressive work processes to be performed by the student

18. Student Learner Exemptions with a Written Work- Training Agreement • With a written work agreement, the following have a student learner exemption: • Minors 16- or 17-years-old: • Power-driven woodworking machines • Power-driven metal forming machines • Slaughtering and meat packing • Power-driven bakery machines • Power-driven paper products machines • Power-driven saws • Roofing • Minors 14- or 15-years-old: • The Restricted Occupations listed in Code of Virginia § 40.1-100 B

19. Hour RestrictionsCode of Virginia §§40.1-80.1, 88, 115, and 116 • Work-Training Agreements permit a student learner to work during school hours • All other hours restrictions still apply

20. Hour RestrictionsAll MinorsCode of Virginia § 40.1-116 • Employers may not require a minor to work in violation of a local curfew ordinance

21. Hour RestrictionsMinors Under 16-Years-OldCode of Virginia §40.1-80.1 • 7 A.M. to 7 P.M. • Not during school time • They can start delivering newspapers at 4 AM • 3 Hours on a School Day • 18 Hours for a School Week • 8 Hours on a Non-School day • 40 Hours for a Non-School Week • 7 A.M. to 9 P.M. • June 1st through Labor Day • Not during school time • They can start delivering newspapers at 4 AM • 8 Hours a Non-School Day • 40 Hours a Non-School Week School Year Summer

22. Hour RestrictionsMinors Under 16-Years-OldCode of Virginia §40.1-80.1 • Employers are required to give a 30 Minute Break after the minor works 5 Consecutive Hours

23. Instructor LiabilityCode of Virginia § 40.1-113 • Coordinators can be held responsible for violations of the child labor laws • Each violation is up to a $1000 Civil Monetary Penalty

24. Career and Technical Educator Resources • Joint workplace inspections • Instructor / Staff training on Labor and Employment Laws • Classroom presentations for CTE students • Reference materials

25. Federal Law Federal child labor laws are found in the “Fair Labor Standards Act” State and Federal Laws will occasionally differ Please comply with the strictest law For information on the Federal laws please contact the United States Department of Labor

26. Contacts • Virginia Department of Labor and Industry • www.doli.virginia.gov • (804) 786-2706

27. Contacts Lolita B. Hall George R. Willcox Director Coordinator 804-225-2051 Planning, Administration and Accountability (PAA) CTE@doe.virginia.gov 804 225-2052 george.willcox@doe.virginia.gov B. Anne Rowe Virginia Department of Education Coordinator Office of Career and Technical Education Curriculum & Instruction (C & I) P.. O. Box 2120 804 225-2838 Richmond, Virginia 23218-2120 Anne.Rowe@doe.virginia.gov 804 225-2051 CTE Website: http://www.doe.virginia.gov/instruction/career_technical/

28. August Video Streaming Training Session Announcements Session 5: Implementing Career Clusters August 14, 2014

29. Health and Safety: Department of Labor and Industry Regulations • Send questions regarding Session 4 to • George Willcox at CTE@doe.virginia.gov • Wrap Up • Archived Session available on VDOE web site on Professional Development • Session Evaluation at https://www.surveymonkey.com/s/GTMFZ9B • Reminder: Director’s Memos, Announcements, Quarterly Newsletters, and Cluster Specialist Listserv Messages. • Thank you for joining us!